THE owner of an Italian restaurant has been fined é3,000 after admitting a series of fly-tipping offences.

But magistrates turned down a bid to issue Vincenzo Cabuderra with an anti-social behaviour order, saying they were satisfied he had taken steps to prevent further rubbish build-up.

Bury magistrates were told Cabuderra, 43, the owner of Italia Mia in Stand Lane, Radcliffe, had previously been convicted for fly-tipping behind his restaurant and fined a total of é1,000.

Cabuderra, of Sandown Road, Unsworth, Bury, pleaded guilty to two fresh charges - committed last November - and two charges of failing to comply with an abatement order issued to stop him dumping rubbish.

James Parry, prosecuting, said rubbish was allowed to accumulate behind the restaurant in each case.

The court was told that the Stand Lane area became the focus of a Bury council clean-up campaign and other residents were also dumping household rubbish in back streets.

Mr Parry said inspections were made, advice was given to residents and businesses and offenders were prosecuted under the Environmental Health Act.

"It was not an operation targeted at the defendant," he said, "but during the investigation, it became apparent there were problems to the rear of his premises.

Build-up

"It resulted in a number of complaints from the public.

"Sadly, an abatement order was not effective and the defendant has previously been prosecuted for like offences."

The court heard the build-up of rubbish caused insect infestation and problems with rats. Mr Parry said the rubbish was traced back to Cabuderra from receipts.

He added: "We are aware of others depositing waste in that area. Some have been prosecuted, some will be prosecuted. The local authority is seeking evidence to determine who rubbish belongs to."

Tony Shimmin, defending, said Cabuderra had 25 years' experience in the trade and had owned the restaurant, with his wife, for 16 years. He said the problems related to a refuse collection company Cabuderra was contracted to.

Mr Shimmin added: "It has not damaged his business, because people know him and they know the standard of his food. The restaurant rubbish is now being collected by Bury council and it has got its house in order."

Magistrates fined Cabuderra é750 for each offence, but said an Asbo order was not "proportionate" to the case.